DIY or Solicitor?

stargazer 68

Just looking for some advice.
Have been separated for 7 years (ex lives abroad) and think its now time to start divorce proceedings. However, Im not sure whether I could do a DIY job or would need a solicitor.

Basically have 2 children, one is at Uni and one doing their Junior cert this year. Ex and I get on very well, all very amicable. He doesn't pay maintenance however pays all daughters Uni fees and accommodation and sends her money every month which works for us. I still have our joint credit card which I use if I need any major thing for our son.

He does have a pension etc so Im not sure if that would affect the divorce proceedings.

Do you think I need a solicitor to deal with this or could I do a DIY job?

desbrook

An initial consultation with a family law solicitor will cost approx 100 euro , maybe less, maybe free . Phone and find out . It'll probably last 30 mins and give you an idea of whether your divorce open and shut as it seems . There is no law saying you have to only go to one solicitor either , get a second opinion , maybe a third .

Naturally it would be insulting to go in and ask if you could do the process on your own - but that's isn't actually the issue . I'm sure you have the intelligence and wit to actually get divorced !The issue is are you (a) not getting enough maintainance for you and your kids and if so by how much? (b) giving up entitlements to property, pensions etc and by how much ? and maybe most worryingly (c) leaving yourself open to further action by him down the line seeking a share of your property ? ie are you being fair to him ? Divorce in Ireland cannot offer a clean break even if you both want it - the other side can always try to change the goal posts at a later date . Most parties try and make any financial agreement as be fair as possible so that it can't be challenged later .

stargazer 68

Hi Desbrook
Thanks for the info. We have no property - his house is company provided and I rent mine. Maintenance issue is fine and when my son goes to Uni provision has already been made for his fees etc. I just dont want to 'rock the boat' as things are very amicable and always have been. Although to be honest I can't really see him causing any problems with it or further down the line. I think an initial appointment with a solicitor is probably the way to go so I can explain the situation to someone and get advice.

What made me look into it now is that he has an investment fund which he has been paying into since we met and is looking at cashing it in (approx 75,000). He said he will give me 20,000 providing I set half of it aside for the kids. Just got me thinking!

desbrook

" I just dont want to 'rock the boat' as things are very amicable and always have been. "

Okay I respect and understand that sentiment , have you had legal advice before though ?

stargazer 68

desbrook wrote: »

" I just dont want to 'rock the boat' as things are very amicable and always have been. "

Okay I respect and understand that sentiment , have you had legal advice before though ?

Nope none at all

desbrook

Dovies wrote: »

Nope none at all

I'm almost certain he has . I'm not going to speculate about anything else because that would be all it would be - speculation .
I just know that the fact that you have never had any legal advice means you have no idea the fairness of the ongoing verbal agreement you have had with your ex for the last seven years and it's implications if any .
This needs sorting - I'm sure you have a lease for the house you are renting . Would you just take a landlords word ?

Edit - just read your edit . Sometimes I think I should be a fortune teller ! You can be sure he has legal advice and that if he is offering 10k to you and 10k to the kids you are all entitled to more . Regular readers will know I don't believe in amicable separations - just one side making the other believe they are doing great and don't need to "rock the boat "

Further Edit - The fact that in 7 years he never divorced you should have been a clue .

stargazer 68

Thanks for the info. While I dont think he has had legal advice (I could be wrong) I have made an appt for a solicitor for this week to get some further information. First consultation is free so happy days!

Thanks again